No. 19-447
Keith Puntenney, et al. v. Iowa Utilities Board, et al.
Response Waived
Tags: common-carrier eminent-domain fifth-amendment incidental-benefits kelo-precedent kelo-v-city-of-new-london public-purpose public-use takings takings-clause
Latest Conference:
2020-02-21
Question Presented (from Petition)
Does a state's exercise of eminent domain satisfy the "public use" requirement of the Fifth Amendment's Takings Clause if the only benefits experienced within that state are incidental?
Can a state satisfy the "public use" requirement of the Fifth Amendment's Takings Clause merely by labeling the taking with a traditional category of public use, without engaging in the "public purpose" analysis outlined by Kelo v. City of New London, 545 U.S. 469 (2005)?
Question Presented (AI Summary)
Does a state's exercise of eminent domain satisfy the 'public use' requirement of the Fifth Amendment's Takings Clause if the only benefits experienced within that state are incidental?
Docket Entries
2020-02-24
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2020-01-22
DISTRIBUTED for Conference of 2/21/2020.
2020-01-20
Reply of petitioners Keith Puntenney, et al. filed.
2020-01-06
Brief of respondent Dakota Access, LLC in opposition filed.
2019-10-23
Waiver of right of respondent The MAIN Coalition to respond filed.
2019-10-17
Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2020, for all respondents.
2019-10-16
Motion to extend the time to file a response from November 4, 2019 to January 6, 2019, submitted to The Clerk.
2019-10-16
Waiver of right of respondent Office of Consumer Advocate, Iowa Dept. of Justice to respond filed.
2019-10-10
Waiver of right of respondent Iowa Utilities Board to respond filed.
2019-09-30
Petition for a writ of certiorari filed. (Response due November 4, 2019)
2019-08-20
Corrected proof of service filed with respect to application for extension of time.
2019-08-19
Application (19A193) granted by Justice Gorsuch extending the time to file until September 30, 2019.
2019-08-16
Application (19A193) to extend the time to file a petition for a writ of certiorari from August 29, 2019 to October 28, 2019, submitted to Justice Gorsuch.
Attorneys
Dakota Access, LLC
David John Debold — Gibson Dunn & Crutcher LLP, Respondent
Iowa Utilities Board
Kim R. Snitker — Iowa Utilities Board, Respondent
Keith Puntenney, et al.
Eduardo Enrique Santacana — Keker, Van Nest & Peters LLP, Petitioner
Office of Consumer Advocate, Iowa Dept. of Justice
The MAIN Coalition
Matthew Charles McDermott — Belin McCormick, P.C., Respondent